Research › Search › Judgment

J&K High Court · body

2018 DIGILAW 943 (JK)

Oriental Insurance Co Ltd. v. State Consumer Disputes Redressal Commission

2018-11-30

GITA MITTAL, TASHI RABSTAN

body2018
JUDGMENT : Gita Mittal, J. With the consent of both the sides, the appeal has been taken up for consideration. 2. By way of the instant appeal, the appellant has assailed the order dated 16th March, 2018, whereby the appeal No.3930/2015 filed by the appellant before the State Consumer Disputes Redressal Commission, Jammu has been dismissed. 3. It appears that this appeal was filed by the appellant challenging the order dated 12th February, 2016 passed by the District Consumer Forum, Jammu. 4. The facts giving rise to the present appeal are within the narrow compass. The private respondent No.3, who was the complainant before the District Consumer Forum, had made a complaint that as owner of a Car bearing Registration No.JK02AB/5968, he had got the same comprehensively insured with the Oriental Insurance Company Ltd w.e.f. 03rd January, 2013. This insurance was valid up to 02nd January, 2014. The complainant claimed to have paid the requisite premium of Rs.3,936/-. It has been noted that on 07th April, 2013, the Complainant's Car suffered an accident at Vijaypur resulting in damage. Intimation in this regard was given by the Complainant respondent No.3 to the Insurance Company for indemnifying the loss. So far as this intimation is concerned, a surveyor Ajay Matoo assessed the loss and advised the complainant to take the vehicle to M/s New Highway Automobiles, Sidhra, Jammu, the authorized service station. 5. However, the Insurance Company repudiated the claim of the complainant-respondent No.3 contending that while getting the vehicle insured with the Insurance Company, he had claimed 'No Claims Bonus' manifesting that according to the appellant, he had never made any claim. This was premised on a declaration made by the respondent No.3 to the effect that he had never made any claim from the Insurance Company and as a result, he had availed the bonus to the extent of Rs.762.25/. 6. The Insurance Company has also placed reliance on the undertaking and declaration given by the respondent No.3, while claiming this bonus that if this declaration is found to be incorrect, all benefits under the policy in respect of Section 01 would stand forfeited. 7. So far as the benefit which respondent No.3 was entitled to, the amount of the bonus was deducted from the premium payable by the respondent No.3. 7. So far as the benefit which respondent No.3 was entitled to, the amount of the bonus was deducted from the premium payable by the respondent No.3. As a result, instead of depositing Rs.3049/- towards the basic insurance cover own damage claim, he paid an amount of only Rs.2,287/-. Additionally, in respect of third party liability, the respondent No.3 paid a premium of Rs.1,275/- and the total premium deposited by the respondent No.3 was Rs.3562/-. 8. The Insurance Company had stated that on an enquiry made while processing the claim of respondent No.3, it was found that the undertaking and declaration tendered by him was false. Thereupon, it was revealed that the appellant had made some claim in a previous policy. 9. We have scrutinized the record which has been placed before us, which would include the objections filed by the Insurance Company to the complaint before the District Consumer Forum and the entire appeal which was preferred by the Oriental Insurance Company before the State Consumer Disputes Redressal Commission, Jammu. We are unable to find any material particulars or details of the claim alleged to have been made by the private respondent No.3 before the previous insurer; the date thereof or the date of payment of the claim. Inasmuch as this factual assertion was the basic reason of the Insurance Company for repudiating the claim of the respondent, it was incumbent upon it to have placed all details and material particulars thereof before the forums. The bald allegation that the appellant has received some amount as a claim made in his previous policy would not be sufficient to accept the allegation of the Insurance Company that the complainant had made a false declaration with respect to the respondent herein having claimed the 'No Claims Bonus. Even before us, there is not a whisper of material to support the plea of the Insurance Company. 10. In view of the above, the order dated 12th February, 2016 passed by the District Consumer Forum, Jammu or the order dated 16th March, 2018 passed by the State Consumer Disputes Redressal Commission, Jammu, rejecting the case of the writ petitioner cannot be faulted with on any factual basis or legally tenable grounds. We are of the view that there is no merit in the writ petition. The writ petition is hereby dismissed.